910 IAC 1-3-6 Election of forum

Sec. 6. The parties to a case before the commission may elect, in writing, to proceed before a circuit or superior court of competent jurisdiction. An election to proceed in circuit or superior court is effective only if all parties to a case timely file a written election. If all parties have filed a timely election to proceed in circuit or superior court, the commission shall dismiss the case, without prejudice. Such dismissal shall be sufficient to exhaust all administrative remedies in the case.